Bitcoin Holder Files Motion to Dismiss Lawsuit Over 39,069 Dormant Addresses

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A pseudonymous Bitcoin holder using the name John Doe 33 filed a motion to dismiss a New York lawsuit on June 30, becoming the first individual to challenge a claim seeking legal ownership of 39,069 dormant Bitcoin addresses. The defendant described himself in the filing at the Supreme Court of the State of New York as "a natural person and a real human being" with constitutionally protected property rights, rejecting the plaintiffs' treatment of blockchain addresses as abandoned property. The lawsuit, brought by a claimant operating as Noah Doe and two Wyoming limited liability companies, seeks to declare ownership of approximately 3.8 million BTC under Article 7-B of the New York Personal Property Law, which governs lost and found property, with the addresses holding coins worth more than $200 billion today.

John Doe 33 Challenges Abandoned-Property Classification in Court Filing

John Doe 33 stated in his filing that he is not "a Bitcoin blockchain address string, a digital wallet, a line of source code, or any other form of inanimate data." The defendant reserved every defense in his motion and told the court that the numbered John Does in the caption are labels attached to inert blockchain data, not people who can be sued. The plaintiffs peg the claim at ten dollars for jurisdictional reasons, though several addresses are tied to Satoshi Nakamoto and other early miners. A ruling on title would settle little on its own, since moving the Bitcoin still requires the private keys, the reason US authorities have leaned on forfeiture rather than declaration to take ownership of seized crypto.

Defendant Requests Pseudonymous Litigation to Avoid Security Risks

John Doe 33 asked to keep his name off the record, telling the court that appearing openly would expose him to doxxing, extortion and physical harm of the kind that has followed known holders of large Bitcoin sums. He filed a separate request for leave to litigate under the pseudonym. A ruling either way sets the terms for everyone named in the suit. Should the court allow anonymity, others among the 39,069 addresses could challenge the claim without tying their names to valuable wallets.

Court Froze Case on June 5, Set July 14 Hearing

The defendant's filing follows an objection from pro-Bitcoin lawyer Ian Cohen, whose amicus brief in late May led Justice Kathy J. King to freeze the case on June 5 and set a July 14 hearing. Two questions now sit before the court: whether John Doe 33 can proceed pseudonymously and whether his motion ends Noah Doe's bid before any ruling on title. The dispute joins several crypto matters testing US courts, among them a $400 million Ponzi plea from former Goliath Ventures chief Christopher Delgado.

FAQ

What did John Doe 33 file on June 30? John Doe 33 filed a notice of appearance and a motion to dismiss at the Supreme Court of the State of New York on June 30, challenging a lawsuit that seeks legal ownership of 39,069 dormant Bitcoin addresses.

Why did John Doe 33 request to litigate under a pseudonym? John Doe 33 told the court that appearing openly would expose him to doxxing, extortion and physical harm of the kind that has followed known holders of large Bitcoin sums, and filed a separate request for leave to litigate under the pseudonym.

When is the next hearing scheduled in the case? Justice Kathy J. King froze the case on June 5 and set a July 14 hearing, following an amicus brief filed by pro-Bitcoin lawyer Ian Cohen in late May.

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